Kluge v. Tesch

The trial court felt that the language of article IV of the will was ambiguous and he resorted to extrinsic evidence to determine the intention of the testator.

The scrivener who drafted the will testified that he was called to the home of the parties by Mr. Barth and that his instructions for drafting the will were given by the testator in the presence of Mrs. Hoops and Mr. Barth. A portion of his testimony as to the intention of the testator follows:

“Q. Was there any consideration at that time that the income from all of the property irrespective of whether it was *242Mr. Hoops’ property, in his…